Central Administrative Tribunal - Madras
G Baskaran vs M/O Railways on 11 April, 2018
CENTRAL ADMINISTRATIVE TRIBUNAL MADRAS BENCH ORIGINAL APPLICATION /310/00589/2017 Dated this Tuesday, the 11% day of April, Two Thousand Seventeen PRESENT THE HON'BLE SHRI K. ELANGO, JUDICIAL MEMBER AND THE HON'BLE SHRI R. RAMANUJAM, ADMINISTRATIVE - MEMBER G. Baskaran, 146/A-2 V.G.P. Nagar, Valady Post, Lalgudi Taluk, Trichy District. .. Applicant By Advocate M/s. T. Charles Vs. 1.Union of India rep by Workshop Personnel Officer, 40C, Railway Central Workshop, Ponmalai, Trichirappalli. 2.Deputy Chief Engineer/I, Gauge Conversion, Southern Railway, Trichirappalli. .. Respondents -?- ORDER
(Pronounced by The Hon'ble Mr. K. Elango, Judicial Member) The applicant has filed the OA under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:
"to call for the records pertaining to the impugned order No.GPB(G)483/Bills & Leave dated 16.3.2017 passed by respondent No.1 and to quash the said order and further to pass such other order/orders as this Hon'ble Tribunal may deem fit and proper and thus render justice."
The case of the applicant is that he is working as Motor Vehicle Driver under the respondent Railway since 1984. While he was working as ad hoc Driver of Government Jeep under Executive Engineer, Gauge Conversion Trichy, on 14.6.2008 he met with an accident when young boy of i1 years of age suddenly crossed across the road from behind a parked bus. The boy met with minor injuries and subsequently recovered. The father of the victim filed a case before the Sub-Court/Pudukottai in MCOP No.66/2000 under Motor Vehicles Compensation Act, claiming compensation of Rs.5 lakhs. However, the Sub- Court passed an award for payment of Rs.1,30,000/- with 7.5% interest from the date of filing of the petition till discharge. In the said petition, the Executive Enginner, Gauge Conversion, Trichy, the Divisional Railway Manager, Trichy and General Manager were impleaded as respondents. It is further stated in the ~ -3- OA that since the Government vehicle was exempted from insurance,the compensation was ordered by Sub Court to be paid by Railways. Accordingly, the Railways have satisfied the court Decree of Rs.1,92,613/- The first respondent under whom the applicant is presently working as regular Technician Grade-i(Motor Vehicle Driver) has passed the impugned order dated 16.3.2017 to recover the amount of compensation of Rs.1,92,613/- paid by the Railways from the salary. of the applicant commencing from the month of April, 2017 onwards at Rs.6,420/- in 30 installments. Against the same, the applicant has preferred a representation dated 23.3.2107 to the first respondent requesting to stop recovery of compensation amount from his salary. The said representation has not been disposed of. Hence the OA for the relief mentioned above.
3.- When the matter is taken for hearing, fearned counsel for the applicant submitted that he will be satisfied if a direction is given to the first respondent to consider the said representation and pass an appropriate order within a time frame fixed by the Tribunal. Learned counsel also prayed for an interim order to stop recovery of compensation amount from his salary.
4, In the said circumstances, we also deem it fit to give a direction to the first respondent to consider the representation of the applicant dated 23.3.2017 and pass an appropriate order in accordance with law within a period of -4- four weeks from the date of receipt of a copy of this order. Till then the respondents are directed to maintain status quo in respect of recovery of compensation amount from the salary of the applicant.
5.- The OA Is disposed of as above at the admission stage.